These Creator Terms apply to all creators who offer digital products through Tonecreek. They supplement the Terms of Service. In the event of conflict, these Creator Terms prevail over the general terms.
1. Admission as a creator
There is no entitlement to admission as a creator. The operator may select creators based on quality, relevance, legal compliance, technical suitability and commercial fit. Creators must be at least 18 years old and have full legal capacity. Commercial creators must provide correct company details. The operator may require identity, tax and rights verification.
2. Creator obligations
The creator undertakes to:
- upload and sell only their own or properly licensed content;
- not use third-party musical works, tabs, sheet music, samples, trade marks, logos or videos without permission;
- not publish misleading product descriptions;
- respond appropriately to support requests about their products;
- check files for viruses and malware before upload;
- fulfil their own tax obligations;
- notify changes to tax, legal or payment details without undue delay;
- not manipulate sales, reviews, rankings or recommendations.
3. Rights granted to the platform
The creator remains the owner of their content. The creator grants the operator a simple, worldwide right, limited to the term of the agreement, to host, store, technically process, stream, reproduce, advertise, display in thumbnails and make content available to buyers.
This includes the technical conversion of files (video encoding, thumbnail creation, audio previews, preview functions and backups). The creator permits the operator to use product images, titles, excerpts, trailers and product information for platform marketing. The operator may not sell content as its own product outside the platform without a separate agreement.
4. Product approval and quality control
The operator may review products before publication; there is no entitlement to publication. The operator may set minimum standards for audio quality, video quality, descriptions, file structure, preview material, licence information and support details. Products may be rejected where they are unsuitable in quality, law or technology.
5. Prices, discounts and promotions
The creator may set product prices within the limits specified by the platform. The operator may set minimum prices, maximum prices or recommended price ranges. Discounts, coupons, bundles and launch offers may be set up by the creator or the operator. Platform-wide discount promotions require either the creator's consent or prior activation in the creator settings.
6. Commission
The operator receives a commission of 15% of the sale, calculated as set out in the creator dashboard. In addition, payment fees, chargeback fees, currency conversion fees, tax deductions or other external costs may be deducted. The operator may change the commission for future sales with effect for the future; existing balances remain unaffected.
7. Payouts
Payouts are made via the integrated payment service provider and require a fully verified payout account. Payouts are made at intervals (e.g. monthly) or from a minimum amount of [amount]. The operator may withhold amounts where refunds, chargebacks, legal claims, suspected fraud or tax questions exist. Negative balances may be offset against future payouts.
8. Taxes and invoices
The creator is responsible for the tax treatment of their income and must provide accurate information on tax status, country of establishment, VAT liability and company form. Depending on the payment and billing model, invoices may be issued by the creator, the platform, a payment service provider or a merchant-of-record provider. The creator must provide required information for tax audits.
9. Legal violations and indemnification
The creator indemnifies the operator against all third-party claims arising from their content, product descriptions, trade-mark use, music rights, licence violations or other breaches of duty. The indemnification covers reasonable costs of legal defence. The creator must support the operator without undue delay if third-party claims are asserted.
10. Backing tracks
For backing tracks (including play-alongs, jam tracks and practice tracks) the following applies in addition:
- The creator must hold all rights to the composition, the arrangement, the recording, all samples, stems, MIDI files and the cover artwork.
- Backing tracks must not contain unauthorised adaptations or recognisable imitations of protected songs.
- Variants of the same track in a different key, at a different tempo, in a different time signature, as a different mix or as an instrumental version are not automatically separate products. Such variants belong in one product or in a bundle. The operator may merge separately listed variants, remove them from search or reject them.
- Product information such as key, BPM, time signature, chords, playing time and the files included must be accurate.
11. AI-generated and AI-assisted content
When creating and editing a product, the creator must state how it was produced: fully human-produced, AI-assisted, or mostly AI-generated. This statement is mandatory and is displayed publicly.
For AI-assisted and AI-generated content the creator must additionally state the AI tool used and describe the human editing, and must confirm that they hold the commercial usage rights and that no songs, melodies, voices or recordings are included without authorisation.
The following applies to such content:
- The creator alone is responsible for holding all commercial usage rights required for the sale.
- The operator neither reviews nor warrants that AI-generated content is protected by copyright.
- A commercial usage right granted by an AI tool or its plan does not automatically mean that an exclusive copyright exists.
- The creator is liable for infringements of rights, incorrect statements and third-party claims, and indemnifies the operator in accordance with section 9.
- The operator may require evidence of the AI tools, plans and usage rights used.
- The operator may block or delete content that is unlawful or insufficiently substantiated.
To keep the catalog usable, the following volume rules apply: automated bulk uploads of AI content are not permitted; a maximum of five AI products per creator and calendar month may be published; and near-identical variants must not be published as individual products. The operator may reject content, remove it from search, merge it or restrict upload rights.
12. Termination
The creator may terminate their creator account at any time. The operator may terminate or block the creator account for good cause. Products already purchased may remain accessible to buyers as far as necessary for performance of the contract. The creator may remove products but must take into account that existing buyers may continue to have access to content they have already purchased.